
[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Rules and Regulations]
[Pages 30830-30832]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13169]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-1139]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway 
(AIWW), at Wrightsville Beach, NC; Cape Fear and Northeast Cape Fear 
River, at Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations that govern the 
operations of three North Carolina Department of Transportation (NCDOT) 
bridges: The S.R. 74 Bridge, across the AIWW, mile 283.1 at 
Wrightsville Beach, NC; the Cape Fear Memorial Bridge across the Cape 
Fear River, mile 26.8; and the Isabel S. Holmes Bridge across the 
Northeast Cape Fear River, mile 1.0, both at Wilmington, NC. This 
change will alter the dates these bridges are allowed to remain in the 
closed position to accommodate the annual Beach2Battleship Iron and \1/
2\ Iron Triathlon and the Battleship North Carolina Half Marathon and 
5K.

DATES: This rule is effective June 27, 2011.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2010-1139 and are available online by 
going to http://www.regulations.gov, inserting USCG-2010-1139 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Ms. Lindsey Middleton, Fifth District Bridge 
Program, Coast Guard; telephone 757-398-6629, e-mail 
Lindsey.R.Middleton@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 15, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Atlantic Intracoastal 
Waterway (AIWW), at Wrightsville Beach, NC; Cape Fear and Northeast 
Cape Fear River, at Wilmington, NC in the Federal Register (76 FR 
8663). We received no comments on the proposed rule. No public meeting 
was requested, and none was held.

Basis and Purpose

    The Beach2Battleship Iron and \1/2\ Iron distance Triathlon 
competition is an annual event that is held in the Wrightsville Beach 
and Wilmington, NC area in late October or early November. The swimming 
portion of this triathlon is tide dependent and so it is difficult to 
determine the exact date to best hold the event.
    The Battleship North Carolina Half Marathon & 5K is another annual 
event that occurs in the Wrightsville Beach and Wilmington, NC area on 
the second Sunday of every November. Because of the uncertainty of the 
tides and consequently the exact date for the Beach2Battleship Iron and 
\1/2\ Iron distance Triathlon competition, the Battleship Race group 
has agreed to schedule their race on the opposing weekend of the Iron 
Man competition.
    As with the Iron Man race, the exact date of the closure will be 
published locally in the Local Notice to Mariners and the Broadcast 
Notice to Mariners. The local community has become accustomed to these 
annual events and the bridge closures that are necessary for them.
    The S.R. 74 Bridge is a double leaf bascule drawbridge with a 
vertical clearance of 20 feet at mean high water in the closed 
position. The current operating schedule for the bridge is set out in 
33 CFR 117.821(a)(4). This rule change will not affect the current 
operation of the bridge but add an additional closure period.
    The regulatory change allows the S.R. 74 (Wrightsville Beach) 
Bridge to remain closed to navigation between 7 a.m. and 10:30 a.m. and 
to remain closed to navigation between 12 p.m. and 11:59 p.m. on the 
last Saturday in October or the first or second Saturday in November 
depending on the tides and the date the event will be held. The exact 
date of the closure will be published locally in the Local Notice to 
Mariners and Broadcast Notice to Mariners.
    The Cape Fear Memorial Bridge is a vertical lift drawbridge with a 
vertical clearance of 65 feet at mean high water in the closed position 
and the Isabel S. Holmes Bridge is a double leaf bascule drawbridge 
with a vertical clearance of 40 feet at mean high water in the closed 
position. The current operating schedules for these bridges are set out 
in 33 CFR 117.823 and 33 CFR 117.829(a)(4), respectively. This 
regulatory change modifies the existing annual November closure from 
just the second Sunday in November to the first or second Sunday in 
November for the Cape Fear Memorial Bridge and the Isabel S. Holmes 
Bridge. The closure time of 7 a.m. to 11 a.m. for the event for both 
bridges remains unaffected in this rule. The Isabel S. Holmes Bridge 
will have an additional regulatory change modification to include a 
closure from 12 p.m. to 11:59 p.m. on the last Saturday of October or 
the first or second Saturday of November of every year.
    The waterway traffic consists mostly of recreational vessels with 
some barges and tugs during the daytime. There are no alternative 
routes available to vessels transiting these waterways. Vessels that 
can transit under the bridges without an opening may do so at any time. 
The bridges will be able to open for emergencies.

Discussion of Comments and Changes

    No comments were received on the proposed rule and no changes were 
made to the proposed rule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    The changes are expected to have minimal impact on mariners due to 
the short duration that the drawbridges will be maintained in the 
closed position. Both events have been observed in past

[[Page 30831]]

years with little to no impact to marine or vehicular traffic. It is 
also a necessary measure to facilitate public safety that allows for 
the orderly movement of participants and vehicular traffic before, 
during, and after the races.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
might be small entities: The owners or operators of vessels needing to 
transit any of the bridges between the hours of closure on either race 
day.
    This action will not have a significant impact on a substantial 
number of small entities because the rule only adds minimal 
restrictions to the movement of navigation, and mariners who plan their 
transits in accordance with the scheduled bridge closures can minimize 
delay. Vessels that can safely transit under the bridges may do so at 
any time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Revise Sec.  117.821(a)(4) to read as follows:


Sec.  117.821  Atlantic Intracoastal Waterway, Albermarle Sound to 
Sunset Beach.

    (a) * * *

[[Page 30832]]

    (4) S.R. 74 Bridge, mile 283.1, at Wrightsville Beach, NC, between 
7 a.m. and 7 p.m., the draw need only open on the hour; except that 
from 7 a.m. to 11 a.m. on the third and fourth Saturday in September of 
every year and between 7 a.m. and 10:30 a.m. on the last Saturday of 
October each year or the first or second Saturday of November of every 
year the draw need not open for vessels due to annual triathlon events.
* * * * *

0
3. Revise Sec.  117.823 to read as follows:


Sec.  117.823  Cape Fear River.

    The draw of the Cape Fear Memorial Bridge, mile 26.8, at Wilmington 
need not open for the passage of vessels from 8 a.m. to 10 a.m. on the 
second Saturday of July of every year, and from 7 a.m. to 11 a.m. on 
the first or second Sunday of November of every year to accommodate 
annual marathon races.

0
4. Revise Sec.  117.829(a)(4) to read as follows:


Sec.  117.829  Northeast Cape Fear River.

    (a) * * *
    (4) From 8 a.m. to 10 a.m. on the second Saturday of July of every 
year, from 12 p.m. to 11:59 p.m. on the last Saturday of October or the 
first or second Saturday of November of every year, and from 7 a.m. to 
11 a.m. on the first or second Sunday of November of every year, the 
draw need not open for vessels to accommodate annual marathon and 
triathlon races.
* * * * *

    Dated: May 16, 2011.
William D. Lee,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2011-13169 Filed 5-26-11; 8:45 am]
BILLING CODE 9110-04-P


